The sun. [volume] (New York [N.Y.]) 1833-1916, 1887-11-30
EFFECTS OF THE DECISION.
Counsel for O'NcIl and McQunde Hope to
Get Them Ont of Sing Sing.

Get Ihem Ont OF Sing Sling.
John E. Parsons, one OF the leading law-
yers in the Sharp case, said:
THE decision. l am confident, corresponds
with the almost universal opinion of lawyers
everywhere. Judge Potter's decision was APP
proved by two of the Judges Of tho General
Term in his department, and is now
unanimously approved 10y the Court OF
Appeals. 1 think that it should receive
the sanction of the press and the pub
lie. A moments reflection will show
that it will not do to bend the law to meet par
ticular eases. In theory the law is and in prac-
tice 1t should be immutable. The courage with
which Judge Potter first, and then Judge
Ruger. STAYED proceedings. is worthy of all
praise. IT is easy for u Judge to make himself
popular, but the community il most Interested
that he shall have tho courage OF his conyic-
tions. and be willing to follow them to their
legitimate conclusions, irrespective of possible
icism."
Ex-Judge. Homer A.. Nelson snid: Il was not
with us on all the points raised by the cScep-
t0ns taken. The newspapers, some of them,
pitched into Judge Potter and Judge Ruger.
right. and tho newspapers were wrong. Sup
poso that no stay had been granted. and tho
court of last resort had been sent to Sing Sing,
bis hair cropned. Il striped suit put on him. and
3 one ONE that tha, ne SarS could L Se sq rei,aipns, NH H. % s'1nl
pie fact X tina, the man was convicted on pub
nc cIamor, an injustice that the law has recti-
Peter Mitchell of counsel for the defence
said that sharp should have been admitted TO
bail on Judge PUttcr's decision and the grant
peal he should, have been set free the next day
under reasonable bonds. A good part of Mr..
Mitchel!Is }ubiIation over the result OF Sharp'S
appeal is due 10 the fact TINT he is also counsel
FIR Alderman O'Neil, who is in Sing Sing. He
did not gel u stay OF proceedings, but his np-
zeal, based on some points that are similar m
Sharp's. has gone up, and will be reached for
argument before TIE Court Of Appeals next
II have nothing to say: you know never
say anything said Albert Stickney. ShGrp's
that the result was very satisfactory, and Just
what he had expected.
of a COPY Of tho decision he could not comment
on II, but tho points on tho reversal, us he
understood ii, were on the admission Of testi-
disregard of the rights Of the defendant that
be would have been surprised il the decision
hiI not been unanimous.
Richard s. Ncwcombe, who was counsel for
the Aldermen nnd olhcrintcrested parties be-
fore the committee when the Senate inycstiga-
the outset that the admission OF tho Pottlc
testimony, tho evidence brought ont from
ShiaFR ny to dh tho SG iIiEht Sf M fnf 'es R fss,i@on sd ID
pc Lacey wcrG any Of them sufficient grounds
for = reversal OF the conviction: Mr.. New
Quade on their trials for bribery. In the case
81 the lnttcr he objected TO the admission of
Attorney Marine asked TO offer it in
sharn sasd M Of tEH arFiIHaI ana IN , DHlly; u /" f., lie
question on what grounds he offered the same
evidence, said that il was to explnin his failure
witnesses, Mr., N~ewcombS', sud that as the
Court of Anpea!s-had decided that the testi;
n m9nS wal apr 'mnn2nsr t GTsn IN mn th na % JoSh4 ,ha and
more broadly p t!Ie Is0uaio case; lie sx;
has been, delayed by some mistakes in tn"
p=qrinting, but it vii! probably reach Albany in
.JnohnSs conviction has been affirmed by the
Ext..Assistta"nt4 District Attorney o'Byrnc. in
that he did not think any Of the convicted mon
HAD u lnir or impartial trial, or had been Judged
Of them should hay, been tried in this county,
because he VAS Of the opinion that no matter
how much sitting of the Jury w,as done, IL fair
ed here: He believed that they should have
been tried IN another county, as here atley
The decision, y said District Attorney Mar
tine, VIII certainly hnNn an effect upon the
eases Of hichmond and Kerr, wb9 aro indicted
rs bribcrs. In tho caSps OF ONcil and Me-
Qnade' that arc mp on, appeal, some of these
points also govern; and both Of these cases will
undoubtedly be affected
Does the influence extend TO the cases OF
the Aldermen that are yet untried I"
why, 10 DE sure IL docs, thOusn the points
are not very important in some OF those cases.
But there arc others oftheso men whose CON
ylctiou would be impossible oven without this
decision"
Mr.. MARITIME was urged to Indicate which
cases were referred to, but no refused to do so.
Mr.. airoll talked about the case in the few
minutes that followed after the Most Jury
went. ont.
These fine points" he said, ARE not cssen-
10 the case. None Of them Is. Some Of
them would. not have, been. Introduced If we
had known the strength al tho caso ms after
ward developed. II 80 had known the value Of
some of the testimony vet to be introduced.
Tho testimony of Pearson. for instance. that
Sharp had told him about tho special meeting.
was Il surprise to lis. Had wo known 1t WAS
coming Va noCd not have bothered to get in
those things that tho Court OF Appeals rules
against"
Judge Barret, said that he did not consider
i would 10 in good Taste for him 70 comment
in amy way on tire action OF the appellate court.
An Appeal In the John u. O'krIen Case.
The Corporation Counsel has filed notice
Of appeal To tho General Term from the order
OF Judge Donohue. granting John j. O'Brien u
mandamus requiring the Police Commissioners
TO consider him on the eligible list as u candi-
date for Chief OF tic Bureau of Elections. The
Civil Service Commissioners did not send his
name In because three veteran soldiers took
precedence.